Common use of Remedies for Failure to Comply with Standard Clause in Contracts

Remedies for Failure to Comply with Standard. If a particular Service experiences Service Levels worse than those set forth in (a) above that is applicable to such Service during such testing period, then Seller shall have a period of thirty (30) days to correct such deficiency. If after such thirty (30) day period Seller has not retested such Service in compliance with the standards set forth above, then Buyer shall be entitled to terminate the applicable Service upon providing written notice to Seller provided prior to the Service complying with such standards set forth above. BUYER’S RIGHT TO TERMINATE THE APPLICABLE SERVICE SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND THE SELLER’S SOLE AND EXCLUSIVE OBLIGATION IN THE EVENT OF SELLER’S FAILURE TO MEET ITS STANDARDS OBLIGATIONS.